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someone else will yield and the person who
does not have the floor yields.
I do not understand it.
THE CHAIRMAN: Your point of order
is well taken. There is no ruling the Chair
has taken. I hope it will expedite the
amendment being considered.
I think yesterday afternoon and this
morning would indicate the contrary of this
case.
Delegate Needle.
DELEGATE NEEDLE: I would like to
ask Delegate Maurer a question.
THE CHAIRMAN: As a sponsor of the
amendment?
DELEGATE NEEDLE: Yes.
THE CHAIRMAN: Proceed.
DELEGATE NEEDLE: I hesitate to do
so after the Chairman has indicated his
feelings about this but I do not think this
is perfectly clear.
I had understood Delegate Maurer's ex-
pressions to indicate that this section was
to apply only to the executive branch, but
several people seemed to have expressed
some doubt as to whether it applies to all
employees in all branches of the govern-
ment.
We should make this crystal clear that if
there is any inconsistency we can refer it
to the Committee on Style and Drafting.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: It was as to
the executive branch, although I wish that
it could apply elsewhere. Unless we placed
it in a separate section, it seems to me, it
could only apply to the executive branch,
and so I have put it forward with that
sense.
It in no way precludes the General As-
sembly from acting with respect to the
judiciary or acting with respect to its own
branch.
THE CHAIRMAN: Are you ready for
the question?
Delegate James.
DELEGATE JAMES: The question.
THE CHAIRMAN: Before putting the
question, the Chair desires to point out
that the phrase in line 9 "merit principle"
seems to the Chair to lack definiteness.
Conceivably this could permit promotion on
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the basis of merit. I take it that what is
intended is the merit system in the civil
service system.
If the amendment is adopted in order to
make it clear for the benefit of the com-
mittee on style, will Delegate Maurer tell
us what it is? Is the use of merit principle
indicated to refer to what we know as the
civil service system?
DELEGATE MAURER: Yes, the civil
service appointing and promoting on the
basis of competence for the position in-
volved.
THE CHAIRMAN: Are you ready for
the question?
(Call for the question.)
A vote Aye is a vote in favor of the
Amendment No. 23 to Committee Recom-
mendation EB-1. A vote No is a vote
against Amendment No. 23.
DELEGATE BOYCE: No.
THE CHAIRMAN : Delegate Boyce votes
No?
DELEGATE BOYCE: Yes.
THE CHAIRMAN: Has every delegate
voted? Does any delegate desire to change
his vote?
(There was no response.)
The Clerk will record the vote.
There being 17 votes in the affirmative
and 93 in the negative, the motion is lost
and the amendment fails.
Are there any further amendments to
section 4.23?
Delegate Sybert.
DELEGATE SYBERT: Mr. Chairman,
I would like to get in the record of these
proceedings some matters which I dis-
cussed with the Chairman of our Commit-
tee and which I brought up in the Com-
mittee and I think were approved by every-
one who is present.
THE CHAIRMAN: To what sections?
DELEGATE SYBERT: Sections 4.18,
4.19, 4.21 and 4.22, dealing with the prin-
cipal departments and heads of the prin-
cipal departments. I think it should be ex-
pressed clearly on the records of this Con-
vention that those sections shall not apply
or modify in any way the constitutional
powers committed to the attorney general
and the comptroller.
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